United States District Court, E.D. California
INFORMATIONAL ORDER FOR PRO SE LITIGANTS
Plaintiff
is proceeding pro se in an action seeking judicial review of
an administrative decision of the Commissioner of Social
Security that denied, in whole or in part, plaintiff's
claim for benefits under the Social Security Act.
This
order provides the following helpful information, and
basically serves as a step-by-step guide, for pro se
litigants. It is strongly suggested that plaintiff read and
re-read this order and keep it readily available for future
reference.
I.
Service of the Complaint
As is
outlined in the Scheduling Order issued in this case, except
when other provisions are made pursuant to an application to
proceed in forma pauperis, plaintiff shall
serve a copy of the (1) summons,
(2) complaint, (3) notice
of availability of a Magistrate Judge and the form
of consent/ decline to jurisdiction of United States
Magistrate Judge (See Local Rule 305(a)),
and (4) the Scheduling Order,
within twenty (20) days of plaintiff filing
the complaint.
If
plaintiff is proceeding in forma pauperis, the
United States Marshal usually serves the complaint. To have
the United States Marshal serve the complaint you must follow
the directions on the Instructions for Service of Social
Security Appeals and return the required documents to the
Court. You may choose to serve the complaint yourself as
directed below. However, if plaintiff is not proceeding
in forma pauperis, then plaintiff or legal counsel
is responsible for service and then filing a proof of service
without delay. See Local Rule 210.
Lawsuits
for review of administrative decisions made by the
Commissioner of Social Security are prosecuted against the
Commissioner of Social Security. Fed.R.Civ.P. 4(i)(2) and (3)
provides, in substance, that to serve the Commissioner in his
official capacity, the party must serve
(1) the United States, and
(2) the Commissioner.
To
serve the United States, a party must:
(1)
deliver a copy of the summons and complaint to the
United States Attorney for the district where the action is
brought, or to an Assistant United States Attorney
or clerical employee whom the United States Attorney
designates in a writing filed with the Court; or,
send a copy of the summons and complaint, by
certified mail only, to the Civil Process
Clerk at the United States Attorney's Office; and,
(2) send a copy of the summons and
complaint, by certified mail only, to the
Attorney General of the United States in Washington, D.C.;
and, (3) send a copy of the summons and
complaint, by certified mail only, to the
Commissioner (the officer of the United States whose order is
challenged by the lawsuit) in San Francisco, CA. Fed.R.Civ.P.
4(i)(1)-(3).
Initial
service of process is thus sufficient if plaintiff serves, by
certified mail only, copies of the summons
and complaint on:
Office of the United States Attorney
Civil Process Clerk
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Office of the Attorney General of the United States
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001
Office of the General Counsel
Social Security Administration
333 Market Street, Suite 1500
San Francisco, CA 94105
after
which a proof of service must be filed with the Court without
delay pursuant to Local Rule 210. If plaintiff is proceeding
in forma pauperis, the United States Marshal
generally completes the proof of service and files it with
the Court; however, if plaintiff is not proceeding in
forma pauperis, it is plaintiff's duty to promptly
file a proof of service with the Court.
II.
Attempt at Informal ...